HomeMy WebLinkAboutCT 93-09; Ocean Bluff; Tentative Map (CT) (45)City of Carlsbad
Planning Department
February 5, 1996
Mr. George Bolton
6519 El Camino Real
Carlsbad CA 92009
SUBJECT: STATUS OF BLACK RAIL COURT
Dear Mr. Bolton:
Thank you for your letter requesting information on the status of Black Rail Court. It is
helpful to all interested parties that the facts leading up to the existing situation are
known and understood. There appear to be two general topics mentioned in your letter:
the relationship of a particular conditional use permit with the construction of a portion
of Black Rail Court, and the status of future improvements to Black Rail Court.
The area that would constitute the northern extension of Black Rail Court from Alga Road
lies within Planning Area 23 of the Aviara Master Plan. This Planning Area is covered by
a Conditional Use Permit (CUP 90-07) to allow a master plan information center. That
CUP contains a condition requiring that Aviara offer to dedicate and enter into a future
improvement agreement to construct that portion of Black Rail Court within their property.
This dedication has not been accepted by the City since there are no similar public
dedications or City-approved improvements plans for the portions of the future road north
of Aviara. Therefore, the critical link to "opening" Black Rail Court from Alga Road
northward is the dedication and improvement of an alignment north of Aviara that will
complete a circulation link.
With regard to the creation of new circulation links, there are four ways a public road can
be built. One way is through the City's Capital Improvements Program (CIP). Most of the
roadways within the CIP involve major thoroughfares, such as the widening of Palomar
Airport Road or La Costa Avenue. Other roadways are included in the CIP because they
are necessary circulation links that benefit the City at large, such as future Faraday
Avenue through Veteran's Memorial Park. Any citizen may request that a roadway be
considered for placement in the CIP, however inclusion in the program would be based
upon many factors, including benefit to the City at large.
Another way to construct a public road is through the administration of future
improvement agreements. As properties having existing frontage on a publicly dedicated
and partially improved roadway develop or renovate, the City typically requires that the
property owner sign an agreement to pay their fair share of the required improvements
to complete the roadway along their property frontage. These agreements are called
upon to fund road construction if a substantial amount of property owners petition to the
2O75 Las Palmas Drive •Carlsbad, California 92OO9-1576 • (619) 438-1161
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STATUS OF BLACK RAIL COURT
February 5, 1996
Page 3
Road from Poinsettia Lane in the west to the terminus of Alga Road in the east. Once
these Alga Road improvements were completed, there was the first potential for direct
access from Black Rail Court to a public road (Alga Road) to the south.
We understand your desire to access Alga Road from the existing dirt road known as
Black Rail Court. While there is an offer to dedicate and improve Black Rail Court within
Aviara, there is no publicly dedicated road north of the Aviara property with which to
connect. Therefore, no action regarding the acceptance of dedication or improvements
for the northerly extension of Black Rail Court within Aviara is likely until there are offers
of dedication, approval of improvement plans and a financing mechanism for that portion
of the future roadway north of the Aviara Master Plan to complete a circulation link.
Please feel free to contact myself or Bob Wojcik at (619) 438-1161 if you have any
additional conditions.
Sincere!
MICHAEL GRIM /
Associate Planner^
MG:kr
c: Bob Wojcik
Chris DeCerbo
Jim Davis